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IN THE CIRCUIT COURT OF THE NINETEENTH
~~~02 COUNTY,~FLORIDA. IN AND FOR ST. LUCIE
CASE NO ~79•- 5 3 5 CA
SOUTHEASTERN FIDELITY )
INSURANCE COMPANY,
)
Plaintiff,
vs. i
) i
WILLIAI?I HUMPHREY ANDREL4S,
IV, EDWARD A. PIASECKI and )
FLORA PIASECKI, his wife,
)
Defendants.
)
O R D E R
1
THIS CAUSE having come on before the Court .for i
pre-trial conference, and the parties being represented by
counsel, and the Court having considered the pre-trial
statements of the parties, and the stipulation of the
parties as follows:
(1) That there is no dispute as to any material
fact, which is as follows: SOUTHEASTERN FIDELITY INSURANCE
COMPANY had, in full force and effect, a policy of insurance
issued to WILLIAM H. ANDREWS, IV, subject to the terms,
conditions and insuring agreements thereof, on January 5, f
1977. On that date, F7ILLIAM H. ANDREWS, IV, was operating _
a motor vehicle owned by his mother. On that date, WILLIAM
H. ANDREWS, IV, resided with his mother at 595 Calamosa
F
i
i Drive, Port St. Lucie, Florida. On that date, Mr. ANDREWS'
use of his mother's motor vehicle was with her consent.
The vehicle was not available for his regular use.
On January 5, 1977, WILLIAM H. ANDREWS, IV, while (
operating the motor vehicle owned by his mother, was involved
in a vehicular mishap, wherein the operator of the other ;
7
vehicle was the Defendant, EDWARD A. PIASECKI. An occupant
6
i
3 in the PIASECKI vehicle was FLORA PIASECKI, the wife of
EDWARD A. PIASECKI.
(2) The only issues which remain are issues of
t
law, being the public policy of the State of Florida and
the validity of the exclusion relied upon by SOUTHEASTERN
FIDELITY INSURANCE COMPANY.
C~R~ u~~.~~~~
v~. J.•
F I
i
~ ORENNAN, McALILEY, HAYSKAR 6 McALILEY, ATTORNEYS AT LAW, 519 SOUTH INDIAN RIVER DR., FORT PIERCE, FLA. 33450 {